38.38.420 – Depositions.
RCW 38.38.420 [Art. 49] Depositions. (1) At any time after charges have been signed, as provided in RCW 38.38.308, any party may take oral or written depositions unless a military judge or court-martial without a military judge hearing the case, or if the case is not being heard, an authority competent to convene a court-martial […]
38.38.424 – Admissibility of records of courts of inquiry.
RCW 38.38.424 [Art. 50] Admissibility of records of courts of inquiry. (1) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the […]
38.38.428 – Voting, rulings, instructions.
RCW 38.38.428 [Art. 51] Voting, rulings, instructions. (1) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall count the votes. The […]
38.38.432 – Number of votes required.
RCW 38.38.432 [Art. 52] Number of votes required. (1) No person may be convicted of an offense, except as provided in RCW 38.38.404(2) or by the concurrence of two-thirds of the members present at the time the vote is taken. (2) All sentences shall be determined by the concurrence of two-thirds of the members present […]
38.38.436 – Court to announce action.
RCW 38.38.436 [Art. 53] Court to announce action. A court martial shall announce its findings and sentence to the parties as soon as determined. [ 1963 c 220 § 55.]
38.38.440 – Record of trial.
RCW 38.38.440 [Art. 54] Record of trial. (1) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of death, disability, or absence, […]
38.38.412 – Refusal to appear or testify—Penalty.
RCW 38.38.412 [Art. 47] Refusal to appear or testify—Penalty. (1) Any person not subject to this code who: (a) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil […]
38.38.416 – Contempts.
RCW 38.38.416 [Art. 48] Contempts. A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for thirty days or a fine of one hundred dollars, or both. [ 1963 […]
38.38.372 – Unlawfully influencing action of court.
RCW 38.38.372 [Art. 37] Unlawfully influencing action of court. (1) No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by […]
38.38.376 – Duties of trial counsel and defense counsel.
RCW 38.38.376 [Art. 38] Duties of trial counsel and defense counsel. (1) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings. (2) The accused has the right to be represented in his or […]